TERMS AND CONDITIONS OF SALE CATLANTE CATAMARANS PASSENGERS

Rcs Nanterre 451 543 730 - Siret 451 543 730 00043 V-55

CATLANTE CATAMARANS is a shipowner offering "cabin cruises" aboard sailing yachts on several routes in the Mediterranean, Caribbean, Pacific and Indian Oceans. 

CATLANTE CATAMARANS is exclusively a maritime and coastal passenger transport company, registered as such with INSEE; it is not a travel agency and is not subject to the legal regime that applies to tour operators.

Service: The type or category of ship, its particularities, the content of the service and the composition of the crew are those indicated on the order form.
Unless otherwise stated on the order form, the price of cruises includes:

• The provision and maintenance of the vessel,
• Wages and social security contributions for the crew,
• The ship's insurance and the shipowner's professional liability insurance,
• Fuel, oil and consumables for the vessel,
• The 3 meals/day and alcoholic and non-alcoholic beverages mentioned (excluding breakfast and lunch on embarkation days, excluding lunch and dinner on disembarkation days).

The price does not include, unless otherwise stated on the order form :

• Optional personal insurance for Passengers: cancellation, illness, accidents, repatriation, luggage, assistance, etc,
• Air tickets, transfers or any other means of transport for Passengers, from their point of departure to the port of embarkation and return,
• Personal expenses, including telecommunications and expenses on land of any kind,
• Destination fees: in addition to the price of the cruise, Passengers will have to pay a compulsory flat-rate "destination charge", the amount of which is shown on the order (including charges such as tourist, ecological and port taxes, clearances, additional fresh produce during the cruise, tips for port and anchorage staff, etc.). They are payable in advance, when the balance is paid.
  As destination fees are clearly stated on Passenger offers and contracts, the Vessel Operator will not embark a Passenger who refuses to pay the amount in advance. Other items to be paid locally may appear on the order form.
  As destination fees are all-inclusive, Passengers may not be asked to pay any supplements, and no refunds will be made. Details of expenses cannot be given. You can obtain a receipt from the base manager and an invoice from head office on request. In order to adapt to changes in local taxes, the amount of destination fees may vary, up to a maximum of 10% of their initial amount.

Catering, unless otherwise stated on the order form: main meals (lunches and dinners) are served at the table or as a buffet, generally 3 courses (starter, main course, dessert or cheese), sometimes only 2 at lunchtime. Breakfast may be self-service. If the Passenger has allergies or intolerances to a foodstuff, they must inform the Owner at the time of booking and the Captain when boarding the ship. It is the Passenger's responsibility not to ingest food to which they are allergic.
Shipboard staff will do their utmost to satisfy customers, but the Owner cannot be held responsible for the impossibility of satisfying requests for special diets (kosher, hallal, vegetarian, vegan, gluten-free). Staff will do their utmost to satisfy dietary requests, made at least 30 days in advance, but the Owner cannot be held responsible for the impossibility of satisfying these requests, in particular those concerning special diets, unless prescribed by a doctor. Provisioning is partially carried out at the port of call: fresh, canned and frozen products, not only local products.
Cruise fares are all-inclusive as part of a defined service, including supplies. For privatised ships only: if the customer requests special provisioning, depending on the size of the cruise and the possibility at the departure point, a charge of €50 to €200 per passenger will be made.

Beverages included, unless otherwise stated on the order form: wines, rum, cocktails, fruit juices, coffees, teas, infusions, milk, soft drinks. For table water, some ships are equipped with a special tank which feeds a water fountain with a crushed ice dispenser. Unless otherwise agreed, no bottled water, pastis or other alcoholic beverages are provided (except on the Catlante 560 and 720, where pastis, various alcoholic beverages and 4 bottles of champagne (C560) or 6 bottles (C720) are available, with the exception of the Seychelles). The consumption of alcohol is reserved for reasonable use. It is the crew's duty to refuse alcoholic beverages, particularly to an intoxicated person. For environmental reasons, the shipowner may favour large packs of drinks (cubitainers, maxi bottles) to reduce packaging and container waste. In some destinations, drinks are "local".

Comfort, unless otherwise stated on the order form: cabins are allocated in order of registration, unless a specific request is made on the order form. The Vessel Operator will endeavour to respect these requests within the limits of its possibilities.
If a TWIN (2 single beds) or DOUBLE cabin is not available, a triple cabin with a single bed and a double bed may be provided at no extra charge. The bathroom has a washbasin, shower (hot and cold water) and WC. The side portholes are sometimes not openable and are sized to prevent intrusion. The very simple use of the toilets is clearly explained by the crew when Passengers arrive. The toilets are systematically cleaned, checked and in working order before any departure. In normal use, they cannot become blocked. It should be noted that the introduction of any unintended objects (cotton wool, tampons, cotton buds, coins, etc.) may cause them to break down. In this case, a fixed charge of €60 will be billed to the Passenger responsible for the malfunction. There may be no 220 V sockets in the cabins. In this case, Passengers have sockets in the saloon for mobile phones, micro-computers, cameras, etc. Air conditioning, on ships where it is mentioned, has time limits so as not to disturb certain passengers and neighbouring ships. It is switched off at 11pm.
The ship is reset to "clear" before each embarkation. Towels: 1 small and 1 large per person. Passengers are provided with a change of hotel linen once a week. Bath sheets are not provided, except on the Catlante 720 (excluding the Seychelles) and on the Catlante 620, nor are toiletries. During the cruise, the crew only cleans the communal areas, except on ships without a Sailor/Steward/Hostess, where the Captain only cleans the outside of the ship. Luggage is limited to "cabin suitcase" size bags or suitcases. Passengers must be very careful with their electronic equipment: telephones, cameras and computers in particular. They should use waterproof covers when embarking in dinghies and not leave them visible outside their cabin. The Owner advises against carrying valuables or large sums of cash and declines all responsibility in the event of theft, damage or loss. Passengers are responsible for ensuring that the windows in their cabin are properly closed. The Vessel Operator cannot guarantee Passenger comfort in the event of poor weather or sailing conditions. Poor weather or sailing conditions may cause diesel odours, for which the Owner cannot be held responsible.

Common facilities: the dinghy is motorised. It can only carry a limited number of passengers at any one time.
There is a first-aid kit on board, containing only emergency products defined by the Maritime Affairs Department in accordance with EC standards. Passengers are responsible for bringing their own medication.
Masks, flippers and snorkels are provided (Passengers are advised to bring their own flippers to make sure they are the right size), sometimes paddle and/or kayak according to the ship's description, to the exclusion of any other water sports equipment such as buoys, boards, etc.
For safety reasons, kite-surfing and windsurfing are not accepted on board (except on dedicated cruises with prior written agreement). We do not accept scuba diving equipment, underwater hunting equipment, underwater scooters, motorised devices, towable buoys or drones....
It is possible to fish from the shore, provided that the rules and prohibited areas are respected. Certain types of fishing may present a danger to passengers or vessels: please comply strictly with the crew's instructions. Equipment is not provided; Passengers may bring their own.

Embarkations: Embarkation cards, with full instructions on how to reach the ship, will be sent (exclusively by e-mail), 3 days before embarkation. The Vessel Operator is not responsible for the tickets or means of transport chosen by Passengers to get to the ports of embarkation and return home, nor for the connection times between the different means of transport chosen by Passengers.
The provision of cabins begins on Day 1 at embarkation time and ends on Day 8 (or Day 11 in the case of 11-day cruises) at disembarkation time, as stated on the order form, in order to allow the ship to be put in order and to make supplies. Under no circumstances may Passengers enter the ship before embarkation time or leave their luggage on board. The Vessel Operator does not have luggage lockers.
In the event of a Passenger arriving too late at the embarkation meeting point, except for ships reserved exclusively, the Captain, after a maximum delay of two hours, must set sail so as not to cause any delay to the other Passengers. In the event that Passengers are unable to embark for this reason, there will be no compensation and any catching up of the vessel, if possible, will be entirely at their expense.
The port of embarkation is mentioned on the offers for information only, as certain towns (e.g. Ajaccio) or small islands (e.g. Saint Martin) have several ports close to each other. The exact point of departure is always mentioned on the boarding card.

Duties of the crew: Captain: driving and responsibility for the ship, exterior cleaning, maintenance and repairs where possible, administrative formalities, watch-taking. He is in charge of relations with the Authorities and Passengers for all matters relating to the organisation of the cruise.
Sailor/Steward/Hostess if mentioned in the contract: cooking, service, washing up, supplies, cleaning (exclusively of interior common areas), taking over watches. In European waters, crew members are registered and qualified (sometimes derogatory for the Sailor/Steward/Hostess). Laws in other countries differ as regards maritime qualifications. Local regulations apply. In the various documents, the terms Captain, Sailor, Steward, Stewardess, etc. are used interchangeably, regardless of the gender of the person concerned.

Miscellaneous: Passenger behaviour must not compromise or reduce the safety, peace and well-being of other Passengers during the Cruise. Passengers are subject to the authority of the Captain, and undertake to comply with all instructions and orders given on board, in particular the safety instructions (briefing by the crew on boarding and notice posted in the saloon) including restrictions on smoking. Prior to departure, Passengers must sign the safety instructions, which will be presented to them on boarding. As ships benefit from preferential customs regimes, no goods or supplies may be unloaded ashore.
The Vessel Operator cannot be held responsible for any age, gender or language differences between passengers. In the case of reservations in shared cabins, the Owner does not accept minors and cannot take into account the sex or age of the persons sharing the cabin.
On certain ships that do not have 2-bed cabins or if they are no longer available, it will not be possible to accept a double cabin to share.
Passengers remain responsible for any damage to or loss of equipment, and for the payment of services (radio or other communications), for which they are liable and which remain unpaid. When sailing at night, in bad weather, in certain anchorages or for safety reasons, the crew may be required to sleep in the saloon. In certain countries, on certain ships, the crew may ask Passengers to use their shower room from time to time, which a Passenger is entitled to refuse.
Passengers are forbidden to bring live animals, weapons, ammunition, explosives, flammable, toxic or dangerous substances on board the ship.

Cases of Force Majeure: the following will be considered as such, without this list being limitative acts, events, non-events, accidents, "Acts of God", etc. beyond the reasonable control of the Owner or the Charterer, including strikes outside the parties, lock-outs or other industrial disputes, demonstrations, riots, blockades, invasions, war, fire, explosion, sabotage, major weather problems, collisions, groundings, government acts or regulations, (including advice from the Ministry of Foreign Affairs or equivalent of the sending or receiving country requiring the destination to be suspended), major technical breakdown, serious illness, epidemics, or requiring a diversion during the period of use (international maritime regulations require assistance and rescue at sea). The Passenger undertakes to tolerate any necessary rescue operations and any delays or inconvenience that may result. The Captain is the sole judge of the decisions to be taken. In the event of problems due to Force Majeure, the Vessel Operator may not be held responsible and shall have no obligation to provide a replacement vessel or accommodation, to reimburse, repatriate or compensate in any way whatsoever, in particular the cost of returning passengers from the port of disembarkation to their home.

In the event of an absolute official ban on the destination by the French Ministry of Foreign Affairs or by SETO (Association of French Tour Operators), of a significant deterioration in the interest, condition or safety of the ports of call, whatever the cause, or of the absolute impossibility of reaching the port of embarkation for unavoidable reasons totally beyond the control of the passengers themselves (the following are not taken into account: strikes, delays, cancellations, etc.): strikes, delays, cancellations, affecting transport, companies, ports, airports and related services), lost cruise days, from a full day up to the total cruise, will be compensated by a credit note on a future cruise valid for 2 years.

For technical reasons, delays or risks, the ship may be replaced by another ship of equivalent or higher category, offering the same objective elements of comfort, i.e.: cabins, bathrooms, meals, crew as mentioned in the contract.

Itineraries: 
itineraries, journey times and stopovers are given as an indication and may be modified without notice according to regulatory, technical, safety or meteorological imperatives, in order to avoid sailing in uncomfortable conditions as much as possible. Calls mentioned as "alongside" may be made at anchor if no berth is available. Similarly, a stopover "at anchor" may be replaced by "alongside". Embarkation / disembarkation can sometimes be carried out by dinghy. Journey times correspond to normal sea conditions. Sailing is primarily under sail, except in cases where wind direction, insufficient wind, or any other maritime or meteorological phenomenon, as well as any scheduling requirements, necessitate the use of engines. For various reasons, including weather conditions, the itinerary may be reversed. Similarly, for cruises lasting several weeks and combining several circuits, the order may be reversed. Due to the particularities of cruises, the Owner and/or the Captain may decide to deviate from the agreed itinerary, to delay or bring forward navigation, to cancel or change scheduled ports of call, or to organize transport on another equivalent vessel.
The maps and photos shown in the documentation are not contractual. Only the elements mentioned on the contracts are binding.

Compliance with safety rules and regulations:
Passengers undertake to comply with the safety rules, as posted inside the ship, to attend the safety briefing and to sign the minutes before departure. Passengers undertake not to:

• Oppose the Vessel Operator's "Internal Regulations for Seafarers".
• Bring on board, or allow to be brought on board, without the Captain's authorisation, persons who are not on the Passenger list.
• Entering prohibited parts of the roof, even when the vessel is stopped.

Passengers are not authorised to pilot the dinghy. It is strictly forbidden to take on board any weapon, substance or illegal material (including submarine guns, harpoons, etc.) in France and/or in the countries crossed. It is the crew's duty to disembark any offender immediately and inform the competent authorities. Any fine or financial consequence of non-compliance with this rule, for both the Passenger and the Vessel Operator, will be borne exclusively by the Passenger concerned. It is forbidden to sit, stand, place or climb over external ramps or other protective barriers.
Any information provided by the Vessel Operator relating to formalities in the countries crossed concerns only persons of legal age and of French nationality. For all other cases, Passengers must consult the relevant Consulates, in particular for entry/exit authorisations for minors.
Passengers are solely responsible for ensuring that their travel documents, passport, any visas, travel authorisations and vaccination certificates, for themselves and any persons accompanying them, comply with the regulations of the countries visited, in particular for Passengers of nationalities outside the Schengen area, or for children (please note that children must have their own passport). Some countries are very strict about accompanying minors and the documents required for their admission. Parents should check the necessary documents with the relevant authorities.
In the case of international navigation, the Passenger must send the Vessel Operator photocopies of the passports of all the passengers scheduled to travel, at least 10 days before departure, in order to prepare the Declarations of Departure from Territory and avoid any delay at embarkation. The fact that a copy of the passports has been provided does not release the Passenger from his/her responsibility with regard to compliance with administrative requirements. In the absence of compliant documents, insofar as the Vessel Operator transmits the information on leaving the country to the border police and customs beforehand, the Passenger in default risks a fine, administrative detention or a ban on boarding.
At the time of booking, Passengers must inform the Operator of the presence of children under the age of 12 or passengers weighing less than 40 kg (special life jackets must be provided free of charge by the Operator) and, prior to registration, of any frail or disabled persons or any health risks, failing which boarding may be refused, without refund or compensation.
For safety reasons, the Vessel Operator will not embark mentally handicapped passengers or passengers in wheelchairs. No more than one disabled person may be accepted per cruise (including the visually or hearing impaired), who must be able to walk and be accompanied by a fully able-bodied person able to assist them. Bookings may be cancelled if a medical certificate is not presented certifying that the Passenger is fit to take part in the cruise in question (model required on request). In this case, the following cancellation charges will apply.
Women who are more than 29 weeks pregnant at the time of boarding, i.e. 7 months pregnant, will not be allowed to board the ships for safety reasons. Any woman who is less than 29 weeks pregnant must present a medical certificate stating that her state of health is compatible with the planned cruise.
Passengers must inform the Owner prior to booking of any health risk or disability, in which case they must provide an explicit medical certificate stating that they have no contraindications. Failing this, the Owner cannot be held responsible for any harmful consequences that may result. Under no circumstances may the crew supervise or look after children. Passengers release the Owner and its staff from any liability concerning their supervision, which must be carried out directly and permanently by the parents or other adults accompanying them. Very young children and babies may only be taken on board vessels reserved exclusively for them. In the case of babies (who are carried free of charge up to the age of 1 year at the time of disembarkation), their food must be provided and prepared by the parents. The Owner does not provide any special sleeping arrangements (cot, safety nets, anti-roll covers, etc.); these must be provided by the parents.
No water or land sports are included in the cruises. The Vessel Operator declines all liability in the event of an accident occurring following the practice of activities, water or land sports, practised by Passengers on their own initiative during the cruise, or on land during stopovers. In these cases, Passengers must have their own insurance. In the event of an accident, fault on the part of the Passenger, or contravention of local rules, the Vessel Operator has no duty to provide assistance or repatriation; the consequences will remain entirely the responsibility of the Passenger concerned.
Tourist information and excursions: the Vessel Operator and its employees may sometimes provide information on local excursion possibilities or on different service providers. The Vessel Operator has no control over these service providers, does not receive any remuneration from them and declines all liability in the event of problems of any kind. The Vessel Operator declines all responsibility for any event on land, in particular outside the supervision of the crew. Most crews speak French, but on certain destinations, local regulations require the recruitment of local crews, who may speak little or no French.
Denied boarding, early disembarkation :
The Captain will refuse to embark Passengers who do not comply with the regulations of the countries concerned, children under 7 years of age, whose exact date of birth is not shown on the travel contract, persons whose state of health is clearly not compatible with the cruise or whose disability was not notified at the time of booking, or any Passenger who refuses to sign the safety instructions or pay the boarding fare.
The Captain will disembark any Passenger who does not comply with safety rules, or whose behaviour could endanger or seriously inconvenience other Passengers, crew members or the ship, or whose state of health appears to him/her to be incompatible with the cruise. The fact that the crew does not immediately detect a possible health incompatibility does not imply recognition of its acceptance.
If Passengers are prevented from embarking or disembarking, at their initiative, that of the Captain or that of the local authorities, for any reason whatsoever: transport delays, non-conformity of travel documents, personal convenience, health, aptitude, behaviour, illegal acts, etc., the Vessel Operator will not be obliged to provide any assistance, nor to cover any costs (accommodation, repatriation, fines, legal assistance, medical, etc.). In the aforementioned cases, no refund or price reduction will be granted.
Any repatriation or accommodation costs for Passengers who disembark early for any reason whatsoever, fees and costs of intervention on board or on land by health or assistance professionals concerning Passengers, fines, legal and assistance costs, penalties, miscellaneous costs incurred by Passengers as a result of their behaviour, shall be borne exclusively by the Passengers concerned.

Payments :

• Initial deposit: 30%.
• Balance on D-60: 70%.

Cancellation / Modification / Late payment: Pursuant to the provisions of Article L 221-2 9° of the French Consumer Code, the services offered do not benefit from the right of withdrawal provided for in Articles L 221-1 et seq. of the French Consumer Code concerning distance selling, in particular Article L 221-28 . Consequently, the services ordered are subject exclusively to the cancellation and modification conditions set out in these General Terms and Conditions of Sale, and the user may not invoke the right of withdrawal. Payment of a deposit constitutes acceptance of the offer and of these General Terms and Conditions of Sale, even if the order form has not been physically signed.
In the event of cancellation by the Passenger for any reason whatsoever, the following cancellation charges will be payable (as a percentage of the total price of the holiday excluding on-board cash, in working days prior to the departure date):

• up to 5 days after the booking confirmation date: no cancellation charges
• after these 5 days and up to 180 days before the departure date: 25% cancellation charge
• from 179 to 60 days: 40% cancellation charge
• from 59 to 30 days: 75% of the price
• from 29 days before departure to departure: 100% of the price of the stay.

In the event of a change of date, if available and with a price adjustment, the following amounts or percentages of the total price of the cruise will be due in working days:

• from booking to D-366 of departure: €70/passenger,
• from D-365 to D-180: 10%,
• from D-179 to D-90: 25%,
• from D-89 to D-45: 50%,
• If the change is made less than 45 days before departure, the cancellation charges will apply.

Any request for cancellation or modification must be notified by registered post to the Catlante Catamarans head office, specifying in the case of a modification the date(s) required. Requests for changes, if feasible, can only be considered if the applicant is strictly up to date with payments. Only one date change per order will be granted.
The signing of a quotation, order form, confirmation by e-mail or the payment of an initial deposit, even if partial, immediately and definitively commits the Passenger, who may only cancel within the framework of the above. Failure by Passengers to show up for boarding, or refusal to board for any reason whatsoever, are considered as cancellations by Passengers on the day of departure.
In the case of a booking confirmed by the Customer by payment of a deposit by any means whatsoever (online, cheque, bank transfer, holiday voucher, cash...), received by Catlante Catamarans when the cruise is no longer available, the deposit will be reimbursed immediately. The customer will not be entitled to any compensation whatsoever.
Administrative and health formalities must be carried out at the customer's expense and on their own initiative. In the event that boarding is not possible due to failure to complete these formalities, no refund will be possible.
Passengers are advised to take out travel insurance covering all risks incurred, in particular: cancellation, repatriation, loss, damage and theft of baggage or personal items, medical expenses, accidents, legal assistance, cancellation of their flight tickets or other tickets, consequences of delays. The insurance included in payment cards is sometimes restrictive and difficult to apply. Any accidents occurring during the cruise will only be covered by the Owner's own civil liability insurance if the Owner is at fault. In the absence of fault having caused the accident, it is exclusively the passenger's insurance that is concerned.
Departures are guaranteed regardless of how full the ship is. If the number of passengers is too low, the scheduled vessel may sometimes be replaced by another, possibly smaller, vessel offering the same objective elements of comfort and service. In the event of cancellation by the Shipowner for reasons beyond its control: serious breakdown, delay due to weather conditions, unavailability of ship, the Shipowner will immediately reimburse the amount of the sums paid to it by the Passenger, who may not claim any other reimbursement or additional compensation, in particular with regard to their transport or accommodation costs. In the event of a diversion for safety reasons at the request of the Maritime Authorities, the Vessel Operator will not make any refund.
In the event of late payment, in addition to the sums due, 0.3% will be due for each day of delay from the due date. A delay in payment of more than 15 calendar days will result in the forfeiture of the term and will render all outstanding sums immediately payable.
If the Passenger fails to pay any sum payable under this contract, the Owner will have the right, 7 days after formal notice by e-mail, or without payment 14 days after the due date, to consider this contract as breached by the Passenger, to retain the total amount of payments already made prior to breach, to charge the corresponding cancellation penalties and to remarket the cabins. Payment of balances due on boarding is not accepted.

Information: telephone calls may be recorded to ensure quality of service, staff training and follow-up of files. By providing your e-mail address, you agree to receive offers informing you of the services provided by l'Armateur. You may at any time ask not to receive any further offers or to delete the records.

Disputes, jurisdiction:
For the performance of these terms and conditions, the parties each elect domicile at their respective registered office or domicile, indicated at the head of these terms and conditions. In the event of a dispute, the parties agree that the dispute will first be submitted to the Mediator. Failing agreement, it will be submitted to the Courts of Paris, to which exclusive jurisdiction is given, even in the event of a warranty claim or multiple defendants. By express agreement, the contract and its possible consequences will be governed by French law. If one of the clauses of the contract or of the General Terms and Conditions is declared inapplicable or is invalidated for any reason whatsoever, this invalidity or inapplicability will not affect the application or validity of the other provisions. These General Terms and Conditions of Sale apply to all the Trademarks of the Shipowner. The Vessel Operator may never be held liable for indirect damage. To be valid, any claim must first be notified to the Owner within a maximum of 30 days after disembarkation.
In the event of disagreement, you may then contact the MEDIATEUR DU TOURISME ET DES VOYAGES https://www.mtv.travel/

In accordance with the regulations, the Catlante 600, 620 and 720 are authorised to carry 14 passengers.
Crews: Outside EC destinations, crews are generally local and qualified in accordance with local regulations. They may not be French-speaking. On cruises listed on the "Croisière Francophone" website, the majority of passengers and crew are French-speaking.
Vessels booked exclusively: Contractual prices correspond to the service described in the contract. Any substantial change to the itinerary, at the request of Passengers, or change to the service will give rise to a change in fare, provided this has been previously accepted in writing by the Owner. A vessel is only reserved on an exclusive basis if the Passengers have paid the fare corresponding to the full capacity of the vessel, as mentioned on the various websites and documents. For example: Catlante 600, 620 and 720, capacity 12 passengers, any 13th and 14th passengers will be charged extra, Catlante 560, capacity 8 passengers, any 9th and 10th passengers will be charged extra, Lagoon 450, capacity 8 passengers.
Ships with a crew limited to the Captain: Meals are prepared by the Passengers. The service is limited to the supply of food and beverages: fresh, canned and frozen products, not only local products. The Captain carries out the sailing and berthing manoeuvres with the help of the passengers.
Seychelles: Import difficulties can lead to shortages in the hotel and restaurant sectors.

Diving cruises:
The shipowner has no professional diving supervision. Its role is limited to providing information on the possibilities offered by the Diving Centres, hereinafter referred to as "the Centres", during its cruises, and to transporting and accommodating passengers.
The Vessel Operator has no control over the Centres and has no legal link with them. They act in accordance with the regulations of their country. Divers must ensure that they are in good health and that they have no contraindications to diving. He/she must have the necessary documents and sporting level to practice his/her sport during the outings offered by the Centres.
The Owner is not in a position to check the information provided by the Diver as part of his/her information form. These documents and attachments are sent to the Centres without any check as to their veracity or authenticity. They must reach the Shipowner's Head Office at least 15 days before the embarkation date for transmission. The Diver is solely responsible for his declarations and the documents he provides.
Whatever the Diver's level, a so-called rehabilitation dive is sometimes compulsory, before or instead of the first dive planned in the circuit. At the end of this dive, the Centre Manager will be the sole judge of each diver's ability and level.
Participation in the dives is subject to the approval of the Diver by the Centre and, in particular, to an assessment of his/her physical abilities.
The Centre may prohibit the Diver from taking part in certain dives and may cancel any dive on its own initiative and under its own responsibility for reasons connected with the weather or a specific risk, without any reimbursement or compensation being required.
As the Owner is not involved in the relationship between the Diver and the Centres, as diving is carried out under the sole responsibility of the Diver and the Centres, the Owner declines all responsibility, for whatever reason, in the event of: refusal by a Centre to allow a passenger to dive and/or to take him/her to certain locations, accidents during a dive or as a result of a dive and, in general, any problem that may arise.
It is imperative that you take out specialised insurance to cover assistance, repatriation, medical care and diving risks, and this is the sole responsibility of the Diver.